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" Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person, under the existing circumstances would not have done. "
The Central Law Journal - Page 46
1878
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The American and English Railroad Cases: A Collection of All Cases ...

1900 - 810 pages
...Negligence — Definition. — In such action, it was not error to instruct that negligence is "the failure to do what a reasonable and prudent person...have done under the circumstances of the situation ; the omission to use means reasonably necessary to avoid injury to others." Instructions. — It is...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 37

Louisiana. Supreme Court - 1886 - 1038 pages
...complained of must have boon the immediate cause of the injury sustained by plaintiff. 5. Negligence is the failure to do what a reasonable and prudent person...would ordinarily have done under the circumstances, or doing what such person under the existing circumstances would not havo done. 95 US Reports, p. 441,...
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The Southeastern Reporter, Volume 38

1901 - 1036 pages
...negligence, 'Negligence Is the absence of due care.' Another definition: 'Negligence' IB defined to be 'the failure to do what a reasonable and prudent person would ordinarily have done In a certain situation, or doing what an ordinarily prudent person would not have done.' That is the...
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The American and English Railroad Cases: A Collection of All Cases ...

1901 - 1020 pages
...negligence. 'Negligence is the absence of due care.' Another definition: 'Negligence' is defined to be 'the failure to do what a reasonable and prudent person would ordinarily have done in a certain situation, or doing what an ordinarily prudent person would not have done. ' That is the...
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Lawyers' Reports Annotated, Book 55

1902 - 1054 pages
...defendant: Negligence is the failure to do what a reasonable and prudent person would ordinarily havo done under the circumstances of the situation, or...under the existing circumstances would not have done. lialtimore it PR Co. v. Jones, 95 U. 8. 444. 24 L. ed. 506. The neglect of an engineer of a locomotive...
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American Electrical Cases (cited Am Electl. Cas.): Being a ..., Volume 7

William Weeks Morrill - 1902 - 988 pages
...which he sues. Negligence is the want of due care. That expresses it in few words. Negligence is the failure to do what a reasonable and prudent person would ordinarily have done nnder the circumstances of the situation, or doing what such a person, under existing circumstances,...
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A Treatise on Damages: Covering the Entire Law of Damages, Both ..., Volume 1

Joseph Asbury Joyce, Howard Clifford Joyce - 1903 - 1064 pages
...same circumstiinces ; 9 the doing of an act, or the omission to act, which results in damage;10 the failure to do what a reasonable and prudent person...person under the existing circumstances would not have 'Submarine Teleg. Co. v. Dickson, | "Galveston, il. A SAR Co. v. ISC'. B. (NS) 769: 10 Jur. NS Simon...
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Lawyers' Reports Annotated, Book 60

1903 - 1046 pages
...exercise the same diligence is no defense to this action. Bishop, Non Contract Law, 32. Negligence is the failure to do what a reasonable and prudent person...the situation, or doing what such a person under the exiting circumstances would not have done. The essence of the fault may lie in omission or commission....
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Commentaries on the Law of Torts: A Philosophic Discussion of the ..., Volume 1

Edgar Benton Kinkead - 1903 - 906 pages
...others. Negligence which will give rise to a cause of action is the failure to do what a reasonably prudent person would ordinarily have done under the...circumstances of the situation; or doing what such person, under the existing circumstances, would not have done. It is the failure to observe that degree...
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The Pacific Reporter, Volume 76

1904 - 1322 pages
...follows: "Negligence !s the failure to do what a reasonable and prudent person would ordinarily hove done under the circumstances of the Situation, or...the existing circumstances, would not have done. The duty Is dictated and measured by the exigencies of the occasion. The burden of proving negligence Is...
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